SAM BUSBRIDGE v NORTH SYDNEY COUNCIL [2017] NSWLEC 1210

SAM BUSBRIDGE v NORTH SYDNEY COUNCIL [2017] NSWLEC 1210

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions, the proceedings were disposed of in accordance with that agreement by upholding the appeal and approving Development Application No. 282/2016 subject to conditions.

Jurisdiction
Australia
Judgment Date
21 April 2017
Procedural Posture
Class 1 Development Application Appeal / Final Orders Following S 34 Conciliation Agreement
Outcome
Appeal upheld; Development Application No. 282/2016 approved subject to conditions; later conciliation conference/hearing dates vacated.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between the Parties' 'alterations and Additions to Existing Dwelling']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'agreement Between the Parties' 'alterations and Additions to Existing Dwelling']

Case Brief

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Procedural Posture

Class 1 Development Application Appeal / Final Orders Following S 34 Conciliation Agreement

Legal Issues

  1. 1 ["Whether the Court should dispose of the proceedings in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether leave should be granted for the Applicant to rely on amended plans and whether the amendments were minor for the purposes of section 97B of the Environmental Planning and Assessment Act 1979 (NSW).']

Ratio Decidendi

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions, the proceedings were disposed of in accordance with that agreement by upholding the appeal and approving Development Application No. 282/2016 subject to conditions.

Court Disposition

Appeal upheld; Development Application No. 282/2016 approved subject to conditions; later conciliation conference/hearing dates vacated.

Orders

  • ['Leave is granted to the Applicant to rely on the amended plans set out in Condition A1 of Annexure "A". The parties agree that the amendments are minor for the purposes of section 97B of the Environmental Planning and Assessment Act 1979 (NSW)' 'The appeal is upheld.' 'Development Application No. 282/2016 for...